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Terms and conditions of Vipper.com

Please read these terms and conditions relating to the use of our website and passenger application carefully.

  1. General provision

By using the vipper.com website (‘Website’), Mobility portal (‘Mobility Portal’), driver application (‘Driver App’) and/or the passenger application (‘Passenger App’), you agree to these Terms and Conditions of Use (‘Terms & Conditions’). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. Please read and check these Terms & Conditions periodically for (potential) changes. By using the Website, Mobility Portal, Driver App and/or the Passenger App, after we post any changes to these Terms & Conditions, you agree to accept these changes, whether you have reviewed them as suggested above. If you do not agree to these Terms & Conditions, you should not use the Website, Mobility Portal, Driver App and/or the Passenger App.

  1. Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website, Mobility Portal, Driver App and/or the Passenger App and the material provided hereon for your personal, non-commercial use, if you comply fully with the entirety of the provisions of these Terms & Conditions. You acknowledge that the Website, Mobility Portal, Driver App and/or the Passenger App contains information, data, software(licenses), photographs, illustrations, video clips, audio clips, text, graphics, icons, messages, comments, feedback, ideas, notes, drawings, articles, functionalities, and any other materials (‘Content’) that are protected by copyrights, database rights, patents, trademarks, trade secrets and/or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter devised. All Content is copyrighted and protected under applicable copyright laws and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.

All trademarks appearing on the Website, Mobility Portal, Driver App, and/or the Passenger App are trademarks of their respective owners. Our (commercial) partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website, Mobility Portal, Driver App, and/or the Passenger App. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Content, in whole or in part. You may not insert or implement any link to the Website, Mobility Portal, Driver App, and/or the Passenger App, in any other website owned, maintained, or operated by you, your employer, or any other third party without the prior written permission of Vipper.com. When Content is downloaded to your computer, you do not obtain any ownership of such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

By using the Website, Mobility Portal, Driver App and/or the Passenger App you agree not to use any robot, spider, another automatic device, or manual process to monitor or copy web pages from the Website, Mobility Portal, Driver App and/or the Passenger App or any content contained herein without Vipper.com’s prior expressed written permission. You agree not to use any device, software, routine or any other process to (attempt to) interfere with the functioning of the Website, Mobility Portal, Driver App and/or the Passenger App. You also agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, Mobility Portal, Driver App, and/or the Passenger App and/or any of our systems.

  1. Data Protection

Vipper.com is truly committed and driven to protect your privacy and (information) security. All personal data that we may collect from you when you use the Website, Mobility Portal, Driver App, and/or the Passenger App, will be processed in accordance with our Privacy Policy and in compliance with all relevant privacy and security laws. By using the Website, Mobility Portal, Driver App, and/or the Passenger App, you confirm to us that you give your consent to us to process your personal data which will be processed in accordance with our Privacy Policy and in compliance with all relevant privacy and security laws. As such, by accepting these Terms & Conditions, you consent to the processing of your personal data as set out in the Privacy Policy.

For more information regarding the protection of your privacy and (information) security, please find and read our Privacy Policy on our website www.vipper.com/privacy-policy. Within this text, you can find additional methods to contact us in case you have specific questions regarding your privacy.

  1. Disclaimers of Warranties

All the Content on the Website, Mobility Portal, Driver App, and/or the Passenger App, including any services, products, and/or any other offerings, is provided by Vipper.com “as is” and thus without any warranties of any kind, either express or implied. Except as prohibited by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality and fitness for any purpose, compatibility, security, accuracy, or non-infringement of intellectual property.

Neither Vipper.com nor any of our partners, suppliers, service providers, processors, licensors or licensees warrant nor guarantee that the Website, Mobility Portal, Driver App and/or the Passenger App or any function contained therein will have 100% uptime, be uninterrupted or entirely error-free, that defects will be (immediately) corrected, that problems will be (immediately) solved, or that the Website, Mobility Portal, Driver App and/or the Passenger App or the servers that make the Website, Mobility Portal, Driver App and/or the Passenger App available are in any way free of viruses or other harmful components.

Any content, services, products or offering or any other material downloaded or otherwise obtained through the use of the Website, Mobility Portal, Driver App and/or the Passenger App is done at your own risk and you will be solely and fully responsible for any damage to your (computer) system or any other device or loss of data that results from the download of any such Content, services, products or offers.

Even though Vipper.com puts tremendous effort into ensuring that all the information displayed on the Website, Carrier Portal, Driver App, and/or the Passenger App is correct and error-free, no warranty or representation is given as to its quality, accuracy, fitness for purpose, usefulness or completeness. Neither Vipper.com nor any of our partners, suppliers, service providers, processors, licensors or licensees warrant or make any representations regarding the use or the results of the use of the Content, services, products or offerings in the Website, Mobility Portal, Driver App and/or the Passenger App in terms of their quality, accuracy, fitness for purpose, usefulness, correctness, reliability or otherwise.

These disclaimers fully apply to the maximum level permitted by law.

  1. Limitation of Liability

You fully understand and agree that Vipper.com shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever and this to the fullest extent permitted by law. If you are dissatisfied with any feature or portion of the Website, Mobility Portal, Driver App and/or the Passenger App, or with any of these Terms & Conditions, your only remedy is the discontinuation of your use of the Website, Mobility Portal, Driver App and/or the Passenger App.

  1. Third-party websites, portals and/or applications

Vipper.com may provide different types of links to other websites, portals, and/or applications owned, controlled, or operated in whole or in part by third parties. The links to any such ‘third party’ websites, portals, and/or applications are provided solely for your convenience and information. The content in any of these ‘third party’ websites, portals, and/or applications is not under the control of Vipper.com and you acknowledge and agree that if you decide to access any such website, portal, and/or application you do so entirely at your own risk. The mere fact that Vipper.com provides a link to a ‘third party’ website, portal, and/or application does not imply that Vipper.com supports, endorses, authorizes or sponsors any such site, portal and/or application or that it is affiliated with such third party in any way. Any mention on the Website, Mobility Portal, Driver App and/or the Passenger App of a third party’s products or services which are provided for your convenience and information purposes only, does not constitute an endorsement nor a recommendation of such products or services by Vipper.com.

Furthermore, all websites, portals, and/or applications owned, controlled, or operated or otherwise influenced in whole or in part by third parties may contain or provide links to the Vipper.com Website, Mobility Portal, Driver App and/or the Passenger App. Vipper.com did not examine any of the content of such websites, portals, and/or applications and has no influence or say whatsoever in the content, services, products, offerings, or other characteristics of such websites, portals, and/or applications.

  1. Indemnification

You agree to fully and entirely indemnify, hold harmless and – at our option – defend Vipper.com and our officers, directors, employees, shareholders, agents, representatives and any other stakeholder from any and all third party claims, liabilities,

damages and/or costs (including, but not limited to, attorneys’ fees and expenses) arising from your improper use of the Website, Mobility Portal, Driver App and/or the Passenger App, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or another right of any person or entity.

  1. Governing law and choice of forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of The Netherlands, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Website, Carrier Portal, Driver App and/or the Passenger App or these Terms & Conditions shall be filed only before the Courts of Amsterdam (The Netherlands) and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action.

  1. Miscellaneous terms

If any provision of these Terms & Conditions shall become or be declared unlawful, void, or for any reason is unenforceable, such provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between Vipper.com and yourself relating to the subject matter herein.

The Website, Mobility Portal, Driver App and/or the Passenger App is operated by Vipper BV, a company incorporated in The Netherlands, with registered office at 1016BS Amsterdam (The Netherlands), Herengracht 184 B. If you have any questions or concerns, you may contact us by email at info@vipper.com or by post at the aforesaid address.